Introduced
by
To increase the civil injunctive relief penalties a court may impose on a person who violates provisions of certain state water pollution laws, or a provision of Department of Environmental Quality permit, order, rule, or stipulation, from a maximum daily fine of $50,000 to $100,000 per day; and increase the additional maximum civil fines for pollution law violations that endanger public health, safety, or welfare from $50,000 to $100,000. (Civil fines require a lower burden of proof by the state, and defendants are not granted the same procedural safeguards afforded to criminal defendants.) The bill would also increase the maximum criminal penalties from $1 million to $2 million; and increase the maximum prison sentence from five years to ten years.
Referred to the Committee on Natural Resources and Environmental Affairs
Reported without amendment
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which raises the minimum civil and criminal fines for certain water pollution violations from $2,500 to $2,750 per day, and the maximum per-day fine from $25,000 to $27,500. For a catastrophic discharge, a court would have to impose a civil fine of at least $50,000 for each day the violation occurred or continued. The substitute would add failure to report a discharge in a timely manner to the list of violations. It would also authorize payment of up to $10,000 from the civil fines to people who provided information that contributed to the imposition of the fine, or an arrest and conviction.
The substitute passed by voice vote
Amendment offered
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To lower the level of culpability that can subject a person to civil prosecution for a prohibited water pollution discharge, by making the standard "careless disregard" of the standard of care that a reasonable person should observe, rather than "reckless disregard".
The amendment failed 15 to 21 (details)
Amendment offered
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The amendment passed 36 to 0 (details)
Passed in the Senate 36 to 0 (details)
To raise the minimum civil and criminal fines for certain water pollution violations from $2,500 to $2,750 per day, and the maximum per-day fine from $25,000 to $27,500. For a catastrophic discharge, a court would have to impose a civil fine of at least $50,000 for each day the violation occurred or continued. The bill would add failure to report a discharge in a timely manner to the list of violations, and would lower the threshold of culpability that can make a person liable for civil prosecution. It would also authorize payment of up to $10,000 from the civil fines to someone who provides information that contributes to the civil prosecution or criminal conviction. Note: Civil fines require a lower burden of proof by the state, and defendants are not granted the same procedural safeguards afforded to criminal defendants.
Referred to the Committee on Great Lakes and Tourism
